(a) This section applies, according
to the provisions thereof, except to the extent that there is involved—
(1) a military or foreign affairs function
of the United States; or
(2) a matter relating to agency management or personnel or to public
property, loans, grants, benefits, or contracts.
(b) General notice of proposed rule making shall be published
in the Federal Register, unless persons subject thereto are named
and either personally served or otherwise have actual notice thereof
in accordance with law. The notice shall include—
(1) a statement of the time, place, and
nature of public rule making proceedings;
(2) reference to the legal authority under
which the rule is proposed;
(3) either the terms or substance of the
proposed rule or a description of the subjects and issues involved;
and
(4) the Internet
address of a summary of not more than 100 words in length of the proposed
rule, in plain language, that shall be posted on the Internet website
under section 206(d) of the E-Government Act of 2002 (44 U.S.C. 3501
note) (commonly known as regulations.gov).
Except when notice or hearing is required by
statute, this subsection does not apply—
(A) to interpretative rules, general statements
of policy, or rules of agency organization, procedure, or practice;
or
(B) when the agency
for good cause finds (and incorporates the finding and a brief statement
of reasons therefor in the rules issued) that notice and public procedure
thereon are impracticable, unnecessary, or contrary to the public
interest.
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(c) After notice required by this section,
the agency shall give interested persons an opportunity to participate
in the rule making through submission of written data, views, or arguments
with or without opportunity for oral presentation. After consideration
of the relevant matter presented, the agency shall incorporate in
the rules adopted a concise general statement of their basis and purpose.
When rules are required by statute to be made on the record after
opportunity for an agency hearing, sections 556 and 557 of this title apply instead
of this subsection.
(d) The required publication
or service of a substantive rule shall be made not less than 30 days
before its effective date, except—
(1) a substantive rule which grants or
recognizes an exemption or relieves a restriction;
(2) interpretative rules and statements
of policy; or
(3) as
otherwise provided by the agency for good cause found and published
with the rule.
(e) Each agency shall give
an interested person the right to petition for the issuance, amendment,
or repeal of a rule.
[5 USC 553. As amended
by act of July 25, 2023 (137 Stat. 55).]
